Ravi P.I. vs Sree Narayana Dharma Samajam

K.Babu, J.

The prayers in this original petition filed under Article 227 of the Constitution of India are as follows:-

“(i) Pass an order directing the Court of Principal Munsiff, Ernakulam to consider and pass appropriate orders on Exts.P2 and P6 applications in O.S.No.78/2022 in

accordance with the law and within a time frame stipulated by this Hon'ble Court;

(ii) Direct the respondents not to proceed with any action against the petitioner and to restore status quo ante Ext.P1;

(iii) Pass any other appropriate orders or directions in the interest of justice; and

(iv) Allow this Original Petition (Civil) with costs.â€​

The petitioner is the plaintiff in O.S.No.78/2022 on the file of the Principal Munsiff's Court, Ernakulam. The respondents are the defendants. The

petitioner instituted the original suit against the respondents/defendants seeking the following reliefs:

A. Pass a decree and judgment declaring that the memo dated 30.12.2021 issued to the plaintiff by the 2nd defendants is null and void and not binding on the plaintiff.

B. Pass a decree of permanent prohibitory injunction restraining the defendants, his men and agents from taking any disciplinary action against the plaintiff.

C. A decree be passed in favour of the plaintiff awarding costs of the proceedings from the defendants.

D. Grant all incidental and consequential reliefs which the plaintiff may seek during the course of trial and which the Honourable Court deems fair and necessary in

the interest of justice.â€​

Along with the suit, the petitioner filed Ext.P2, (I.A.No.1/2022) under Order 39 Rule 1 of CPC, for an interim prohibitory injunction to restrain the

respondents/defendants from taking any disciplinary action against the petitioner till the disposal of the suit. The petitioner has also filed Ext.P6

application (I.A.No.4/2022) to stay the order of suspension passed against him.

Heard Sri.P.G.Jayashankar, the learned counsel appearing for the petitioner and Sri.Varghese Prem, the learned counsel appearing for the

respondents.

The learned counsel for the petitioner prayed for expeditious disposal of Exts.P2 and P6.

The learned counsel for the respondents submitted that the applications stand posted for hearing on 14.02.2022.

Having regard to the reliefs prayed for in Exts.P2 and P6, this Court feels that a direction can be issued to the Court below to dispose of the

applications within two weeks from 14.02.2022.

In the result, the Original Petition is disposed of directing the Principal Munsiff's Court, Ernakulam, to dispose of Exts.P2 and P6, as expeditiously as

possible, at any rate, within two weeks from 14.02.2022.